Texas-Book-Gun Law Armed And Educated - Flipbook - Page 418
This is just not the case. First, if a person has the filing fee, anyone
can sue anyone in the State of Texas. There is no procedure to stop
someone from filing a lawsuit. Winning a lawsuit is a different
issue entirely. If someone files the lawsuit, no matter how frivolous,
it still must be shown to the court that a defense bars this lawsuit.
This process can take significant time, money, and legal energy
even for the most frivolous of cases. In short, lawyers get paid, and
even if you beat the “rap,” you still have to take the civil “ride.” So,
if there is no immunity to lawsuits for gun owners, what protection
is there?
B. Immunity for certain claims
The most important statute for gun owners who find themselves
included in a civil suit after a justified use of force is Texas Civil
Practice and Remedies Code Section 83.001.
IMMUNITY FROM DAMAGES
TEX. CIVIL PRACTICE AND REMEDIES CODE § 83.001
A defendant who uses force or deadly force that is justified
under Chapter 9, Penal Code, is immune from civil liability for
personal injury or death that results from the defendant’s use of
force or deadly force, as applicable.
This section provides that a person who uses force or deadly
force that is justified under Chapter 9 of the Texas Penal Code is
immune from civil liability for personal injury or death that results
from the defendant’s use of force or deadly force. This statute
does not prevent lawsuits; it just makes one that is filed harder
to win. Immunity from liability is an affirmative defense, and, as
such, will only be considered after a plaintiff is well into the pain
I’m Being Sued For What? | 407
